Terms of Service

Welcome to Pinna Media, LLC (“Pinna,” “we,” or “us”). Please read these Terms of Use carefully as they set forth the important terms you will need to know about the Pinna family of websites, mobile applications, software downloads and other online services and products, and when you access our podcasts, audiobooks, or other Content (whether through our Services or third-party services) (collectively, the “Services”). By accessing and using the Services, you are agreeing to be bound by these Terms of Use and you are agreeing to be bound by these Terms of Service on behalf of any minor child in your household using these Services (collectively “you”). If you do not agree with any of these Terms of Use, do not use the Services.

WE MAY CHANGE OR TERMINATE THE SERVICES OR THESE TERMS OF USE FOR ANY REASON AT ANY TIME AND WITHOUT PRIOR NOTICE. IF THE ALTERATIONS CONSTITUTE A MATERIAL CHANGE TO THE TERMS OF USE, WE WILL POST AN UPDATED AND REVISED TERMS OF USE ON OUR WEBSITES OR ACCESS FROM OUR MOBILE APPLICATIONS, WHICH SHALL BE EFFECTIVE ON THE DATE INDICATED. WHAT CONSTITUTES A "MATERIAL CHANGE" WILL BE DETERMINED AT OUR SOLE DISCRETION, IN GOOD FAITH, AND USING COMMON SENSE, STANDARD INDUSTRY PRACTICES AND REASONABLE JUDGMENT. WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO RESTRICT, SUSPEND, OR TERMINATE YOUR ACCESS TO AND USE OF THE SERVICES, WITH OR WITHOUT PRIOR NOTICE. OTHERWISE APPLICABLE SECTIONS OF THE TERMS OF USE SHALL SURVIVE TERMINATION. WE ALSO RESERVE THE RIGHT TO SEEK ALL REMEDIES AVAILABLE AT LAW AND IN EQUITY FOR VIOLATIONS OF THESE TERMS OF USE. UPON TERMINATION, YOU MUST CEASE ALL USE OF THE SERVICES, INCLUDING ANY OF THE CONTENT.

Basic Terms

• You must be 18 years or older or have your parent or guardian's consent to use the Services and any related services.
• You may be required to create an account to have access to all aspects of the Services. If you register with us using a password(s), you are responsible for keeping your password(s) secure and you are fully responsible for all activities that occur under your password(s). Pinna shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Pinna, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password. You agree to notify us immediately of any unauthorized use of your password(s). We reserve the absolute right not to issue a password to any person or entity.
• You agree not to alter or modify any part of the Services or any of its related technologies. You will not remove any copyright, trademark or other proprietary notices from material found on the Services. Content on the Services is provided to you for your information and personal use only and may not be copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose. We reserve all rights not expressly granted in and to the Services and any and all content, information, materials, text, graphics, photographs, images, moving images, sound, and illustrations, computer code, and software (collectively, the “Content”).
• You agree not to distribute any part of the Services in any medium without our prior written authorization. You further agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of Content of third parties obtained through the Services for any commercial purposes.
• You agree not to access Content produced by us or any third party through any technology or means other than the playback pages of the websites or client applications, or other explicitly authorized means we may designate.
• You further agree not modify another website so as to falsely imply that it is associated with us.
• You agree not to use the Services for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
• In the event of the addition of any messaging capabilities you must not create or submit unwanted email to any other registered members or use the Services to send spam.
• Your use of the Services must not violate any laws in your jurisdiction (including but not limited to copyright laws).
• You must not impersonate any person or falsely state or otherwise misrepresent your credentials, affiliation with any person, or the origin of any information you provide.
• You must not engage in unauthorized spidering, scraping, or harvesting of content or information, or use any other unauthorized automated means to compile information.
• You must not obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Services.
• You must not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any activity conducted on the Services or attempt to probe, scan, test the vulnerability of, or breach the security of any system, device or network.
• You agree not to circumvent, reverse engineer, decipher, decompile, disassemble, decrypt, or otherwise alter or interfere with (or attempt, encourage, or support anyone else’s attempt to engage in such activities) any of the software comprising or in any way making up a part of the Services. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited.
• You must not take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure.
• You must not upload or otherwise transmit any communication, software, or material that contains a virus or is otherwise harmful to our or our users’ computers, devices or systems.
• You shall not engage in any other conduct that restricts or inhibits any person from using or enjoying the Services, or that, in our sole judgment, exposes us or any of our affiliates, users or any other third party to any liability, damages, or detriment of any type.

Violation of any of these terms may result in the termination of your account. While we prohibit such conduct and content on our Services, you understand and agree that we cannot be responsible for content posted, submitted, or otherwise made available on our Services or the conduct of other users. You further agree that nonetheless you may be exposed to such materials and that you use the Services at your own risk.

Subscription Billing and Auto-Renewal. Your subscription to the Services includes enrollment into an ongoing/recurring payment plan. Your subscription will automatically renew at the end of the disclosed billing period, unless cancelled in accordance with the instructions for cancellation below. Payment will be charged to your chosen payment method at confirmation of purchase and at the start of every new billing period, unless cancelled. Your “billing period” is the interval of time between each recurring billing date and corresponds to the term of your subscription. For purposes of this Agreement, a “day” or “date” begins at 12:00 a.m. Eastern time and ends at 11:59 p.m. Eastern time of that same calendar day. Where applicable, charges for one or more Services may be prorated for any partial month of service. To see your next recurring billing date, log in to your settings/account and view your account details. You acknowledge that the timing of when you are billed may vary, including if your subscription began on a day not contained in a given month (e.g. if you have a monthly subscription and became a paying subscriber on January 31, your payment method would be billed next on February 28), due to free trials and other promotional offers, gift card redemptions, credits applied, or changes in your subscription or payment method.

Subscription Cancellation; How To Cancel.

You may cancel your subscription at any time. Cancellation is not the same as account deletion. Please see our Privacy Policy for information about exercising rights you may have to delete personal information we have collected about you.

If you signed up on Pinna’s website, you may cancel your subscription by logging into your account and clicking on the parents/teachers settings in the navigation bar. Select "Cancel my subscription" and follow instructions to cancel your account.

If you use Pinna on your mobile device, your subscription is controlled by the app store (Google Play, Apple App Store or Amazon store) you used to purchase it. Please visit Google Play or Apple App Store or Amazon Store to cancel. Cancellation is subject to each app store’s respective terms.

Copyright and Ownership.

All of the Content featured or displayed on the Services, including without limitation is owned by us, or our licensors, vendors, agents and/or its Content providers. The Services may only be used for the intended purpose for which such Services are being made available.

Trademarks/No Endorsement.

All trademarks, service marks and trade names of ours used herein (including but not limited to: names, logos, designs, and any associated slogans) (collectively “Marks”) are trademarks or registered trademarks of us or our affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Marks in any way without our prior written consent. You will not use our name or any language, pictures or symbols which could, in our reasonable judgment, imply our endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without our prior written consent.

Your Materials

By providing or submitting preference information, personal information, ratings, and other materials ("Materials"), you grant us a royalty-free, irrevocable, perpetual, non-exclusive, worldwide, fully sub-licensable, transferable, license to publish, reproduce, distribute, display, perform, edit, adapt, modify, translate, create derivative works, make, sell, offer for sale, export, and otherwise use and exploit your Materials (or any portion thereof) in any way that we want and in any form, media, or technology now known or later developed, subject to the terms of our Privacy Policy.

Notice of Infringement

We respect intellectual property rights. If you believe in good faith that your work has been reproduced or is accessible on the Services in a way that constitutes copyright infringement, please provide our designated agent with the following information in writing to our Copyright Agent under the Digital Millennium Copyright Act (“DMCA”):

• An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
• Identification of the copyrighted work or a representative list of the works claimed to have been infringed;
• Identification of the allegedly infringing material and information reasonably sufficient to permit us to locate the material;
• Your name, address, telephone number, and email address, so that we may contact you if necessary;
• A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

You may notify our designated copyright agent either by mail to Copyright Agent,. Only copyright complaints should be sent to the Copyright Agent. All other feedback should be addressed to contact@pinna.fm. You acknowledge that if you fail to comply with the requirements of this section, your DMCA notice may not be valid.

Privacy Policy

By using the Services, you indicate that you have reviewed and understand the information outlined in our Privacy Policy.

Links

The Services may contain links to other websites or online services that are operated and maintained by other persons or entities and that are not under our control or otherwise affiliated with us. Such links do not constitute an endorsement by us of those other websites or online services, the content displayed therein, or the persons or businesses associated therewith. These Terms of Use do not apply to such other websites and online services, and such websites and online services are not part of the Services. We encourage you to review the privacy policies and terms of use of these other websites or services.

Accuracy of Information

We attempt to ensure that information on the Services is complete, accurate and current. Despite our efforts, the information on the Services may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on the Services. For example, Content or events listed on the Services may be unavailable, may have different attributes than those listed, or may be in a different location than that listed on the Services. In addition, we may make changes in information about price and availability without notice.

Disclaimer of Warranties

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SERVICES, INCLUDING WITHOUT LIMITATION THE OPERATION OF THE SERVICES OR THE INFORMATION, MATERIALS, GOODS, OR SERVICES APPEARING OR OFFERED ON THE SERVICES OR WITH RESPECT TO ANY WEBSITES OR SERVICES LINKED FROM THE SERVICES. THE SERVICES ARE PROVIDED "AS IS", “WITH ALL FAULTS,” AND “AS AVAILABLE.” WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO (I) THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, NO LIENS AND NO ENCUMBRANCES; (II) THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (III) WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (IV) THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON THE SERVICES OR OTHERWISE BY US. FURTHER, THERE IS NO WARRANTY THAT THE SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, THAT THE SERVICES, INCLUDING WITHOUT LIMITATION THE CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN, WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED. WE DO NOT NECESSARILY ENDORSE, SUPPORT, SANCTION, ENCOURAGE OR AGREE WITH ANY CONTENT AND WE EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND LIABILITIES IN CONNECTION WITH ANY CONTENT. WE MAKE NO REPRESENTATION THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE OUTSIDE OF THE UNITED STATES. NO ORAL OR WRITTEN INFORMATION MADE AVAILABLE BY OR ON BEHALF OF US SHALL CREATE ANY WARRANTY.

IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

EXCLUSIVE REMEDY AND LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, WILL WE, OUR AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES BE LIABLE FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES AND LOST PROFITS ARISING OUT OF THE TERMS OR YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SERVICES, INCLUDING WITHOUT LIMITATION ANY CONTENT, OR ANY WEBSITES OR MOBILE APPLICATIONS LINKED FROM THE SERVICES, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

ANY CLAIM AGAINST US SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR USE OF THE SERVICES; OTHERWISE, YOUR REMEDY WITH RESPECT TO ANY DISPUTE WITH US (INCLUDING WITHOUT LIMITATION YOUR USE OF THE SERVICES) IS TO DISCONTINUE YOUR USE OF THE SERVICES.

Indemnification

You agree to indemnify, hold harmless, and defend us, and our affiliates and licensors, and each of their respective officers, directors, contractors, agents, employees, successors and assigns from and against any and all demands, claims, damages, liabilities, judgments, fines, interest, penalties, losses, costs, expenses and harms, including without limitation reasonable attorneys’ fees and fees of other professional advisers, arising out of or in connection with (i) your use of the Services, (ii) your online conduct, (iii) your violation or breach of these Terms of Use, (iv) your failure to comply with any applicable laws or regulations, (v) your negligence, willful misconduct, or violations of the intellectual property or other rights of any person, or (vi) any of your dealings or transactions with other persons resulting from use of the Services. You shall not settle any such claim without our prior written consent. These obligations will survive any termination of these Terms of Use.

No Waiver

Our failure to enforce any provisions of the Terms of Use or respond to a breach by you or other parties shall not in any way waive our right to enforce subsequently any terms or conditions of the Terms of Use or to act with respect to similar breaches.

Assignment and Binding Effects

You cannot assign these Terms of Use, or any rights or obligations herein, to any other person or entity and any attempted assignment in contravention of this provision is null and void and of no force or effect. We reserve the right to assign these Terms of Use, and any of its rights or obligations herein. These Terms of Use are binding upon each party and its respective successors, heirs, trustees, administrators, executors and permitted assigns.

Location, Governing Law, Arbitration, and Time Period Limitation for Bringing Claim

These Terms of Use are governed by, and must be construed in accordance with, the laws of the United States and the STATE OF NEW YORK, as applicable, without giving effect to their principles of conflicts of law. By using the Services, you waive any claims that may arise under the laws of other states, countries, territories or jurisdictions.

With respect to any and all disputes arising out of or in connection with the Services or these Terms of Use (including without limitation the Privacy Policy), the parties agree to negotiate in good faith and undertake reasonable efforts to cooperate with one another in order to achieve a mutually satisfactory resolution. If we do not resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. Any court with jurisdiction over the parties may enforce the arbitrator’s award.

Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither party will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.

All parties agree that all disputes arising under these Terms of Use that cannot be settled through informal negotiation will be settled exclusively through confidential binding arbitration in accordance with the commercial rules of arbitration of the American Arbitration Association in the State of New York. The arbitrator's award shall be binding and may be entered as a judgment in a court of competent jurisdiction. You agree that we may seek any interim or preliminary relief from a court of competent jurisdiction in New York County, in the State of New York, necessary to protect our rights or property pending the completion of arbitration.

To the extent permitted by law, any claim or dispute under these Terms of Use must be filed within one year in an arbitration proceeding. The one-year period begins when the claim or notice of dispute first could be filed. If a claim or dispute is not filed within one year, it is permanently barred.

Contact Information

Please direct any questions, complaints or claims related to the Services or your use of the Services, or requests to use our copyrighted work or trade or service mark right to contact@pinna.fm.

General Provisions

These Terms of Use and the Privacy Policy referenced herein constitute the complete agreement between you and Pinna with respect to their subject matter and supersede any prior agreement or communication. If any term or provision of these Terms of Use shall be found to be invalid, illegal or otherwise unenforceable, such finding shall not affect the other terms or provisions of these Terms of Use, or the whole of these Terms of Use, but such term or provision shall be deemed modified to the extent necessary to render such term or provision enforceable, and the rights and obligations of you and Pinna shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements set forth in these Terms of Use. Your obligations pursuant to these Terms of Use shall survive termination of any use by you of the Services, or these Terms of Use.

We reserve the right to refuse to provide the Services to anyone for any reason at any time. We may, but have no obligation to, remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Use.